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WILLETT v. WEBSTER

337 Mass. 98 (1958)

148 N.E.2d 267

GEORGE F. WILLETT vs. EDWIN S. WEBSTER, JUNIOR, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 4, 1958.

Attorney(s) appearing for the Case

John M. Bashaw, (Robert Braucher & Alvin J. Slater with him,) for the plaintiff.

Claude R. Branch, (James C. Heigham with him,) for the defendants Stubbs and others.

Charles C. Cabot, (James W. Noonan with him,) for the defendants Gordon and others.

Norman Landstrom, (Philip R. White & Ralph S. Brown, Jr., with him,) for the defendants Richard K. Thorndike and another, executors.

Present: RONAN, SPALDING, WILLIAMS, COUNIHAN, & CUTTER, JJ.

SPALDING, J.

This action of tort is based upon the same alleged conspiracy in 1918-1919 dealt with by judgment in 1927 in an action brought in 1921 (hereinafter called the 1921 action). See Willett v. Herrick, 242 Mass. 471, S.C. 258 Mass. 585. The plaintiff since 1949 has been under guardianship as an insane person. See Bashaw v. Willett, 327 Mass. 369; Willett v. Willett,

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